Q: Can they deny you pain medication in jail that is prescribed to you for cancer when awaiting trial...or is that cruel
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- California
- (916) 704-3009
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- Answered
A:
Under California law, failing to provide necessary medical care, including prescribed medications, to individuals in custody could be considered cruel and unusual punishment, which is prohibited by the Eighth Amendment of the U.S. Constitution and Article 1, Section 17 of the California Constitution.
California Penal Code Section 673 states that "It shall be unlawful to use in the reformatories, institutions, jails, state hospitals or any other state, county, or city institution any cruel, corporal or unusual punishment or to inflict any treatment or allow any lack of care whatever which would injure or impair the health of the prisoner, inmate, or person confined."
However, jails and prisons may have their own policies regarding the administration of prescription medications, and they may require verification of the prescription or may provide alternative medications that they deem equivalent. If an inmate believes they are not receiving adequate medical care, they can file a grievance or complaint through the facility's established procedures or seek legal assistance.
In summary, while jails should not deny necessary prescribed medications, including those for serious conditions like cancer, the reality of how this is handled may vary. If an inmate feels their rights are being violated, they should document their concerns and seek legal advice or advocacy.
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